WSR 14-24-086
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed December 1, 2014, 2:49 p.m., effective January 1, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends chapter 16-390 WAC by simplifying the existing fee structure for fruit and vegetable inspections to make it easier for both industry and program staff to understand, and by changing fees to reflect the current cost of providing these inspections and other services.
Citation of Existing Rules Affected by this Order: Repealing WAC 16-390-060, 16-390-100, 16-390-200, 16-390-210, 16-390-220, 16-390-242 and 16-390-245; and amending WAC 16-390-005, 16-390-010, 16-390-020, 16-390-030, 16-390-040, 16-390-150, 16-390-230, 16-390-240, 16-390-250, 16-390-260, 16-390-270, and 16-390-280.
Statutory Authority for Adoption: RCW 15.17.140(2), 15.17.040, chapter 17.24 RCW.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 14-19-125 on September 17, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 12, Repealed 7.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 1, 2014.
Don R. Hover
Director
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-005 Definitions.
(("Certification" means the issuance of an official document confirming the inspection results for grade, classification, condition, and the absence or presence of plant pests or diseases and/or other defects.
"Customer assisted inspection program (CAIP)" means a quality and/or condition inspection performed by industry with verification and oversight by WSDA.
"Department" means the Washington state department of agriculture (WSDA).
"Director" means the director of the department or the director's designated representative.
"Grade and condition certificate" means a document issued by the director of a certification confirming the results of an inspection.
"Inspection" means a review or examination of fruits and vegetables in order to determine quality, condition, and/or presence or absence of pests or diseases and/or other defects.
"Platform inspection" means any inspection and/or certification performed on a lot that has no defined per unit charges for the service.)) "Certificate" means an official document issued by the director which reports certification results.
"Certificate of compliance" means a shipping document issued by the fruit and vegetable industry attesting that the identified fruits or vegetables are known to be in full compliance with provisions of chapter 15.17 RCW. The member of the fruit and vegetable industry issuing the certificate of compliance has the sole responsibility of fairly and accurately representing the quality and quantity of fruits and vegetables listed on the certificate of compliance.
"Certification" means the complete service performed by the director, from inspection through the issuance of any applicable documentation of the results of the inspection.
"Customer assisted inspection program (CAIP)" means a quality or condition inspection performed by industry using the United States Department of Agriculture (USDA) standards with verification and oversight by the director.
"CWT" means a hundredweight, a unit of measure equaling one hundred pounds.
"Director" means the director of the department of agriculture or the director's designated representative. As used in this chapter, WSDA refers to the director unless the context states otherwise.
"Grade and condition certificate" means an official note sheet issued by the director confirming the results of an inspection.
"Hourly fee" means the fee charged for services based on the hours documented by each WSDA inspector providing the service. Hourly fees are charged based on increments of fifteen minutes, with time rounded up or down to the next fifteen minute interval as follows: Eight minutes into a quarter hour is rounded up to the full quarter hour. Less than eight minutes into a quarter hour is rounded down and not billed.
"Inspection" means the inspection by the director of any fruits or vegetables for the purpose of certification at any time prior to, during, or subsequent to harvest.
"Inspection service notification" means customer notification to the director of any request for inspection services.
"Lot" means, unless otherwise stated in this chapter, a distinct unit of fruits or vegetables.
"Regular business hours" means the hours between 8:00 a.m. and 5:00 p.m. Pacific time Monday through Friday except state holidays.
"Shipping permit" means a shipping document issued by the director attesting that the fruits or vegetables are known to be in compliance with the provisions of chapter 15.17 RCW and this chapter.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-010 ((Fruit and vegetable)) Inspection districts.
((The department has)) There are two fruit and vegetable inspection districts((, which are)):
(1) ((Fruit and vegetable inspection)) District two((, which)) consists of Asotin, Benton, Clark, Columbia, Cowlitz, Franklin, Garfield, Kittitas, Klickitat, Lewis, Pacific, Skamania, ((Yakima, Pacific, Lewis,)) Wahkiakum, ((Cowlitz, Clark, Benton, Franklin,)) Walla Walla, ((Columbia, Asotin,)) Whitman, and ((Garfield)) Yakima counties((; and)).
(2) ((Fruit and vegetable inspection)) District four((, which)) consists of Adams, Chelan, Clallam, Douglas, Ferry, Grant, Grays Harbor, Island, Jefferson, ((Clallam, Island, Mason,)) King, Kitsap, Lincoln, Mason, Okanogan, Pend Oreille, Pierce, San Juan, Skagit, Snohomish, Spokane, Stevens, Thurston, ((King, Snohomish, Skagit, Grant, Adams, Ferry, Pend Oreille, Stevens, Spokane, Lincoln, San Juan, Whatcom, Chelan, Douglas)) and ((Okanogan)) Whatcom counties.
NEW SECTION
WAC 16-390-015 Minimum inspection fee.
A minimum fee of one-half hour under the applicable hourly fee specified in WAC 16-390-025(1) will be charged for any inspection service.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-020 ((Grade and condition certificates—Fruits.)) Certificate fee.
((WSDA fees for grade and condition certificates for all fruits are:
(1) A minimum charge of twenty-five dollars.
(2) The fees for federal-state or state grade and condition certificates of all fresh market apples, pears, and soft fruits in containers (wrapped, place pack, face and fill), bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins, or bags are listed in the following table:
Type of Fruit
Fees per CWT
or Fraction Thereof
Apples online for domestic shipping, CA, etc.
$0.17
Apples for export
$0.17
Apricots, cherries, nectarines, peaches, plums, prunes, other soft fruits, grapes and berries
$0.23
Pears
$0.17
Pears for export
$0.17
(3) The department will give a volume discount for apples and pears that are inspected and certified online for domestic shipment, controlled atmosphere certification, etc. Packing of up to 4800 cwt per eight-hour shift, the normal inspection fee will be assessed, and every cwt of product above 4800 cwt for that same shift will be charged at $0.12 cwt. Platform inspection fees will still apply (WAC 16-390-200).
(4) The department charges a fee of three dollars per ton net weight (or fraction thereof) for all apples, pears, stone fruits, berries, and grapes in bulk or in containers that are inspected for processing.
(5) The department charges a fee of fifty dollars per hour, with a minimum certificate charge of twenty-five dollars, when an inspection is requested only to verify the product, conveyance, markings, or other factors not related to quality.)) There is a fee of twenty-five dollars for each certificate issued, EXCEPT that a grade and condition certificate will be issued upon completion of a certification with no additional fee beyond the applicable CWT or hourly fee.
NEW SECTION
WAC 16-390-025 Hourly inspection fee.
(1) Effective January 1, 2015, the hourly inspection fee is $65.00 per hour for regular hours and $97.50 for overtime and holiday hours for any inspection service that is not covered by CWT fees.
(2) Effective January 1, 2017, the hourly inspection fee is $75.00 per hour for regular hours and $112.50 per hour for overtime and holiday hours for any inspection service that is not covered by CWT fees.
(3) An additional fee amounting to three regular hours, plus the inspection fees for time worked, at the applicable hourly fee specified in this section will be charged when inspection service notification is not given prior to the end of normal business hours on the day preceding any weekend or holiday inspection work.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-030 ((Grade and condition certificates—Vegetables.)) Fruit and vegetable CWT fees.
((WSDA fees for grade and condition certificates for all vegetables are:
(1) A minimum charge of twenty-five dollars.
(2) The fees for federal-state or state grade and condition certificates for all fresh market vegetables in containers (wrapped, place pack, face and fill), bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins, or bags are listed in the following table:
Type of Vegetables
Fees per CWT
or Fraction Thereof
Asparagus
$0.23
Cantaloupes and corn
$0.14
Onions
$0.09
Potatoes
$0.07
In-state processing potatoes
$0.08
 
Complete inspection
Rate shall be reduced for the level of service required
Tomatoes
$0.21
(3) For the inspection of vegetables not listed, the department charges a fee of fifty dollars per hour.
(4) The department charges a fee of three dollars per ton net weight (or fraction thereof) for the inspection of vegetables to be processed, whether in bulk or in containers.
(5) When an inspection is requested only to verify the product, conveyance, markings, or other factors not related to quality, the department charges the rate of fifty dollars per hour, with a minimum certificate charge of twenty-five dollars.)) The following inspection and certification services are charged fees based on the stated CWT fee, provided that if the applied CWT fee would result in a charge less than the applicable hourly fee under WAC 16-390-025 for the staff hours worked, the applicable hourly fee will be assessed.
(1) Effective January 1, 2015, the fee for federal-state grade and condition certification for all fresh and processing fruits, vegetables, and nuts, except in-state processing potatoes, is $0.175 per CWT or fraction thereof.
(2) Effective January 1, 2017, the fee for federal-state grade and condition certification for all fresh and processing fruits, vegetables, and nuts, except in-state processing potatoes, is $0.185 per CWT or fraction thereof.
(3) In-state processing potatoes are charged the following fees:
(a) Effective January 1, 2015, the fee to determine the percentage of potatoes meeting U.S. No. 1 or U.S. No. 2 fresh potato grades as listed in the United States Grades for Potatoes (U.S. Potato Standards) is $0.038 per CWT or fraction thereof.
(b) Effective January 1, 2017, the fee to establish a percentage of potatoes meeting U.S. No. 1 or U.S. No. 2 fresh potato grades as listed in the United States Grades for Potatoes (U.S. Potato Standards) is $0.043 per CWT or fraction thereof.
(c) Effective January 1, 2015, the fee to establish a percentage of dirt, rot, and green is $0.021 per CWT or fraction thereof.
(d) Effective January 1, 2017, the fee to determine the percentage of dirt, rot, and green is $0.023 per CWT or fraction thereof.
(e) Contracts may be negotiated with the potato processing industry for inspection services to meet specific inspection requests, but not for less than the equivalent hourly fee specified in WAC 16-390-025 for the staff hours worked.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-040 Customer assisted inspection program (CAIP) certification charges((Fruits and vegetables)).
((WSDA fees for grade and condition certificates for all fruits and vegetables issued under the customer assisted inspection program (CAIP) are:
(1) A minimum charge of twenty-five dollars.
(2))) The fees for federal-state grade and condition ((certificates)) CAIP certification for all fresh market fruits and vegetables in any type of containers (((wrapped, place pack, face and fill), bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins, or bags are:
Type of Fruit or Vegetable
Fees per CWT
or Fraction Thereof
Fresh potatoes
Three and one-half cents per cwt., with a minimum charge of fifty dollars per hour for each staff hour worked.
All other fresh market fruits and vegetables
Three-fourths of the cwt. rates specified in WAC 16-390-020(2) and 16-390-030(2) but not less than the equivalent rate of fifty dollars per staff hour worked. If the cwt. rate results in an inspection fee that is less than the equivalent of fifty dollars per staff hour worked, the department will assess additional certification charges. For example, if an inspection takes three staff hours ($150.00) to complete and the cwt. rate results in a fee of $85.00, the department will assess additional certification charges of $65.00.))
are one-half of the applicable CWT fees specified in WAC 16-390-030, but not less than the applicable equivalent hourly fee specified in WAC 16-390-025 for the staff hours worked.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-150 Shipping permits and certificates of compliance((Fruits and vegetables)) for apples, apricots, asparagus, Italian prunes, peaches, pears, and sweet cherries.
(1) Each shipment of apples, apricots, ((Italian prunes, peaches, pears, dark sweet cherries, Rainier cherries and asparagus must be covered by a shipping permit. All other sweet cherries, whether certified or not, must have a shipping permit indicating freedom from cherry fruit fly larvae.
(2) Shipments of apricots, cherries, peaches, prunes, and asparagus to processors do not require a shipping permit.
(3) A permit or certificate of compliance may be issued without additional charge if the lot is certified.
(4) If the lot has not been certified, a permit or certificate of compliance may be issued based upon the following charges:
(a) The minimum charge for a permit or certificate of compliance is three dollars.
(b) Two-thirds of the rate for federal-state or state grade and condition certificates applies.
(c) A permit to ship apples and/or pears to a by-product plant outside the state is three dollars)) asparagus, Italian prunes, peaches, pears, and sweet cherries must be covered by a shipping permit or certificate of compliance. No shipping permit or certificate of compliance will be issued unless the sweet cherries are determined to be free from live Western cherry fruit fly (Rhagoletis indifferens) larvae at the time of shipment.
(2) In-state shipments of apples, apricots, asparagus, Italian prunes, peaches, pears, and sweet cherries to processors do not require a shipping permit or certificate of compliance.
(3) A shipping permit or certificate of compliance may be issued without additional charge if the lot has been issued a grade and condition certificate.
(4) If a lot has not been issued a grade and condition certificate, a shipping permit or certificate of compliance will be issued only after the lot is in full compliance with chapter 15.17 RCW and will be subject to a charge of two-thirds the applicable CWT fee specified in WAC 16-390-030, but not less than $5.00.
(5) A shipping permit or certificate of compliance to ship a lot of apples or pears to a processing plant outside the state is five dollars.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-230 Apple ((pest certification)) maggot survey fees.
The fee for the apple ((pest certification, using the)) maggot survey ((method,)) program on all ((fresh)) apples ((produced)) grown or packed in Washington state ((or marketed under Washington state grades)) and ((standards,)) introduced into commerce for sale or shipment as fresh apples is $.015 per ((cwt. or fraction thereof)) CWT. This fee is assessed by the director on all certificates of compliance and all shipping permits.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-240 ((Fresh produce)) USDA audit verification ((program)) and terminal market inspection fees.
(1) The ((fresh produce)) fee for USDA audit verification ((program is a federal-state inspection service program that reviews and verifies a participating company's facility and agronomic practices, along with its documented procedures, to help determine if "good agricultural practices" and "good handling practices" are maintained)) services are $92.00 per hour as per the authority of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621).
(2) Mileage related to audit verification services is charged at the rate established by the Washington state office of financial management at the time the service was performed.
(3) The fee for terminal market inspection services is $74.00 per hour, $151.00 per lot for a carlot equivalent of each product, and $125.00 per lot for one-half carlot equivalent or less of each product. The fee for each additional lot of the same product is $69.00. The overtime fee is an additional $38.00 per hour. The fee for a holiday is an additional $74.00 per hour. The mileage fee related to terminal market inspection services is $1.32 per mile. USDA fees for lots and mileage are regulated by 7 C.F.R. 51.38 and 51.40, respectively, and are current as of August 5, 2014.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-250 ((Miscellaneous)) Other services and ((certification)) fees.
(1) ((Department)) Other services not involving certification services, provided to other agencies, commissions, growers, businesses, and organizations are charged at the ((rate of fifty dollars per hour)) applicable hourly fee specified in WAC 16-390-025.
(2) ((The charge for mileage related to)) Other inspection and certification services ((is)), such as bean, pea, lentil, hay or straw certification provided to other programs in the department, other agencies, commissions, growers, businesses, and organizations are charged at the ((rate established by the office of financial management (OFM) at the time the service was performed)) applicable hourly fee specified in WAC 16-390-025.
(3) The ((department may charge)) fee for ((telegrams,)) facsimile((,)) or electronic transmission of inspection documents ((at the rate of four)) not provided with certification services is five dollars per transmission ((in addition to any Western Union charges made directly to the applicant)).
(4) The ((cost of extra copies)) fee for a certified copy of an original ((documents)) certificate is ((four)) five dollars ((per set.
(5) The department may charge twenty-five cents per copy for Xerox copies of inspectors' notes, certificates or related documents.
(6) When, through no fault of the inspection service, it is necessary to retype or reissue a document, the cost of retyping or reissuing the document is four dollars per set)).
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-260 ((Extra fees for inspection and certification services.)) Overtime and holiday charges.
((The department does assess extra charges on services provided according to the following:
(1) The minimum inspection charge for each commodity and requested document is twenty-five dollars.
(2) If, through no fault of the inspection service, excess time is required over the maximum time allowed (as supported by unit rates for each commodity and requested document) the excess time is charged at the rate of fifty dollars per hour.
(3)(a) For all inspection services performed beyond a regularly scheduled eight-hour week day shift or on Saturdays, or Sundays, or state legal holidays, a rate equivalent to seventy-five dollars will be charged for actual hours spent in performance of duties. Such charges include unit charges, plus, if necessary, overtime charges to equal the respective overtime hourly rates.
(b) The following are state legal holidays:
Holiday
Date
New Year's Day
January 1
Martin Luther King, Jr. Day
Third Monday in January
Presidents' Day
Third Monday in February
Memorial Day
Last Monday of May
Independence Day
July 4
Labor Day
First Monday in September
Veteran's Day
November 11
Thanksgiving Day
Fourth Thursday in November
Day following Thanksgiving Day
Fourth Friday in November
Christmas Day
December 25
(4) Additional hourly or overtime charges will not be assessed when the per unit inspection charge in any one day equals or exceeds the basic hourly and/or overtime charge.)) All certification services performed outside of regular business hours are charged a fee equivalent to the applicable overtime fee specified in WAC 16-390-025 unless an applicable CWT fee meets or exceeds the overtime fee.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-270 ((Fruit and vegetable)) Waived fees.
((The department may waive inspection fees)) Certificate of compliance fees may be waived for fruits and vegetables donated to bona fide nonprofit organizations ((if)). The shipping containers ((are)) must be conspicuously labeled or marked "not for resale."
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-280 Payment and collection of ((fruit and vegetable)) fees and charges.
(1) All fees and charges for services rendered are due within thirty days after the date of the billing statement ((you receive from the department)).
(2) If ((your)) payment is not received within thirty days, service may be withheld until ((your)) the delinquent account is paid in full.
(3) ((If your account is delinquent, the department may require that you pay cash for subsequent services.
(4))) The ((department assesses)) director may assess a penalty of eighteen percent per annum on all ((delinquent)) unpaid account balances thirty days after billing.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 16-390-060
Certificate charges—Other agricultural commodities.
WAC 16-390-100
Fruit and vegetable certificate fees.
WAC 16-390-200
Platform inspection fees.
WAC 16-390-210
Fumigation fees.
WAC 16-390-220
Field or orchard inspection fees.
WAC 16-390-242
Fresh produce audit verification program fees for fruit and vegetable audit verification certificates.
WAC 16-390-245
USDA positive lot identification fees.